FMLA ending? Prepare to offer 'ADA leave'.

You're required to reinstate employees who are ready to return from FMLA leave. But what if the person can't pass a fitness-for-duty exam before returning?

Many employers believe they can simply fire such workers. That's simply not true. A returning employee who can't yet perform the essential functions of his or her job may be considered disabled under the ADA.

That may require you to offer additional leave as a reasonable accommodation if the person has used all other available leave.

Recent case: For 52 years, Richard worked as a designer for a Chicago manufacturer. He took medical leave after being diagnosed with cancer and breaking his hip.

When he felt ready to return, his...

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